ALBUQUERQUE, N.M. (AP) — The state attorney general filed a criminal complaint on Thursday charging the man suspected of shooting and killing an Albuquerque police officer with an open count of murder and other felony counts, more than a year after police say the man opened fire during a nighttime traffic stop.
The complaint against Davon Lymon, 35, announced by Attorney General Hector Balderas reflected previous accounts from authorities stemming from the Oct. 21, 2015, shooting in which police say the suspect pulled a pistol as Officer Daniel Webster was in the process of handcuffing him to the handlebar of a motorcycle.
Lymon, who has a lengthy criminal history, was convicted last week in federal court on a charge of being a felon in possession of a firearm. Federal prosecutors called more than a dozen witnesses and presented the fallen officer's lapel video as evidence as they sought to prove Lymon possessed the pistol used in Webster's death.
The federal trial on the firearms charge offered a look at the witnesses and evidence that state prosecutors might present in their case against the suspect. Lymon has not yet been sentenced on the federal firearms charge.
"Now that the federal matter has been adjudicated, we will present the homicide case to a grand jury," Balderas said.
Webster, 47, was a highly decorated Albuquerque police officer and former Army Ranger described by colleagues as one of the city's finest officers. He died from his injuries eight days after the shooting at University of New Mexico Hospital.
Investigators said Webster was hit multiple times, with one of Lymon's bullets striking the officer in the face near his chin.
In Webster's lapel video, a man wearing a helmet who was later identified by police as Lymon is heard shouting and indicating that he is in pain. Webster yells for the man to give him his right hand so he can finish handcuffing him.
Police said the gunman refused to comply with Webster's commands, then fired six shots before fleeing on foot to a nearby neighborhood.
Lymon was taken into custody by SWAT officers, including a K-9 unit, hours later after an air unit spotted him trekking across backyards and jumping fences before holing up inside a shed, authorities said.
Police said the suspect, who was hiding in a shed, was found with Webster's handcuff on his left wrist. Lymon has remained in custody on federal charges since the shooting.